ANAND JASHWANTBHAI MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the applications has been raised under Sec. 438 of the Code of Criminal Procedure for short (Cr. P.C) for the FIR which has been registered as I C.R No. I-11202057200362 of 2020 at Sikka Police Station, Jamnagar. The applicant prays for being released on anticipatory bail for the offences punishable under Ss. 406 , 420 , 465 , 467 , 468 ,l 471, 120(B) of the Indian Penal Code .

(2.) It is the case of the first informant that he is the owner of the land bearing Survey No. 76, old survey No. 181 paiki, 4 situated at village Bed, Jamnagar Taluka. As he intended to sell the land, therefore, they informed accused no.1, Hasmukbhai of the market price of the land as Rs.24.00 lakhs and that he may execute the agreement to sell in favour of present applicant Nehaben (accused no.2) and therefore, the agreement to sell without possession was executed in favour of Nehaben before the Sub Registrar office, Jamnagar registered as number 550 of 2016 dtd. 31/5/2016 on Rs.100.00 stamp paper. It is alleged that at the time of signing the said agreement, the informant received Rs.20,000.00 and the remaining consideration of Rs.23,80,000.00 was to be paid by cheque before 2/12/2019.

(3.) As per the complainant, he was not knowing Nehaben but the transaction was undertaken at the instance of Hasmukbhai and thus, it is alleged that Anandbhai the co-accused was also present at the time of execution of documents. Subsequently, it was decided to cancel the document.